Hong Kong Case Law: Decisions & Judgments

Topic

Jurisdiction of committing magistrate

Legal area

Court

12 May 1995

THANAT PHAKTIPHAT v. CHIEF SUPERINTENDENT OF LAI CHI KOK RECEPTION CENTRE and Another

Citation

THANAT PHAKTIPHAT v. CHIEF SUPERINTENDENT OF LAI CHI KOK RECEPTION CENTRE and Another
Court

Court of Appeal
Case number

CACV5/1995

In extradition committal proceedings the magistrate has no jurisdiction to exclude relevant evidence lawfully obtained by the requesting state; questions of fairness regarding such evidence are for the trial court in the requesting jurisdiction, therefore refusal to exclude the US-obtained wiretap evidence did not render the committal hearing unfair and the appellant's detention was lawful.
1 Nov 1969

RE HO KIN WAH

Citation

RE HO KIN WAH
Court

Court of First Instance
Case number

HCMP163/1969

The court held that the committals must be supported only in respect of the second charge: the Crown's failure to prove the Governor's authority and the statutory arrangements before the magistrate was cured by affidavits called by the Full Court under section 8(4); the first charge did not constitute a "relevant offence" under section 3(1)(c) and therefore could not support committal; the documentary evidence admitted was properly authenticated and admissible and did not render the committals unsafe; warrants contained amendable defects which the court ordered corrected.
1 Nov 1969

RE HO CHUN WAH

Citation

RE HO CHUN WAH
Court

Court of First Instance
Case number

HCMP164/1969

The court may call and receive additional evidence to cure jurisdictional lacunae; once the necessary affidavits and authenticated foreign material established jurisdiction and a prima facie case, the committals were lawful as to the second charge which constituted a 'relevant offence', but the first charge did not fall within the Order and therefore committals could not be supported on that charge; procedural deficiencies in notice or hearsay in documents did not, on the evidence as a whole, vitiate the committals for the second charge.
1 Nov 1969

RE KEK BENG TENG

Citation

RE KEK BENG TENG
Court

Court of First Instance
Case number

HCMP161/1969

The Full Court held that the Crown's supplementary affidavits cured lacunae as to authority to proceed and existence of the statutory/arrangement provision and that the magistrate's committals were supportable in respect of the second charge; the first charge did not constitute a "relevant offence" under the Order and committals could not be supported as to that charge; documentary evidence including foreign depositions and some hearsay was properly admitted and procedural deficiencies (lack of notice) did not invalidate committal where no prejudice shown; warrants contained minor facial defe…

Hong Kong Case Law

THANAT PHAKTIPHAT v. CHIEF SUPERINTENDENT OF LAI CHI KOK RECEPTION CENTRE and Another

RE HO KIN WAH

RE HO CHUN WAH

RE KEK BENG TENG